Deposit Deductions · TDS
Rent Arrears Deduction Under TDS? How to Dispute It
If your deposit is protected with TDS (Tenancy Deposit Scheme) and your landlord is withholding money for rent arrears deducted from deposit, the process and the arguments that work both depend on which scheme is involved. Here's what matters for your specific situation.
How TDS disputes actually work
TDS (Tenancy Deposit Scheme) is the only scheme offering both custodial and insured protection, and the only one open to letting agents as members in their own right. You raise a dispute through TDS's online case portal. Both sides are given 14 days to submit evidence — photos, the check-in/check-out inventory, receipts, correspondence. An independent adjudicator then reviews everything and decides on the balance of probabilities, usually within 30 working days. The decision is binding, with no internal appeal.
TDS's own 2024/25 statistical briefing found cleaning was the single most common trigger for a dispute, appearing in 54% of all cases it handled that year.
What the law says about rent arrears deducted from deposit
A landlord can only deduct rent that is genuinely owed and unpaid, evidenced by a clear rent ledger showing exactly what's outstanding and for which period. A disputed figure — because of an agreed reduction, a repair-related withholding, or disagreement over the exact end date of the tenancy — can't simply be treated as automatically forfeit from the deposit.
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Check my case freeWhat to gather before you dispute it
For a rent arrears deducted from deposit case with TDS, the evidence that actually moves the needle is your own record of rent payments, any agreed reductions or withholding in writing, and the landlord's rent statement. Without it, you're relying on the general legal principle alone — which still helps, but evidence wins disputes faster.
Frequently asked questions
- How does TDS handle a rent arrears deducted from deposit dispute?
- You raise a dispute through TDS's online case portal. Both sides are given 14 days to submit evidence — photos, the check-in/check-out inventory, receipts, correspondence. An independent adjudicator then reviews everything and decides on the balance of probabilities, usually within 30 working days. The decision is binding, with no internal appeal.
- Can my landlord charge me for rent arrears deducted from deposit?
- A landlord can only deduct rent that is genuinely owed and unpaid, evidenced by a clear rent ledger showing exactly what's outstanding and for which period. A disputed figure — because of an agreed reduction, a repair-related withholding, or disagreement over the exact end date of the tenancy — can't simply be treated as automatically forfeit from the deposit.